5.1 INSTITUTE OF INTERNATIONAL
LAW

5.1.1. International Regulation on
River Navigation[138] - Resolution of
Heidelberg, 9 September 1887

General Provisions

Article 1

The riparian States of a navigable river are obliged, in the
general interest, to regulate, by common agreement, everything relating to the
navigation of such river.

Article 2

The navigable affluents of international rivers are, in every
respect, subject to the same régime as the rivers whose tributaries they
are, in conformity with the agreement unclouded between the riparian States, and
with the present Regulation.

Article 3

The navigation on the whole course of international rivers,
from the point where each of them becomes navigable, to the sea, is entirely
free, and cannot, as regards commerce, be forbidden to any flags.

The boundary line of the States separated by the river is
marked by the thalweg, that is to say, by the middle line of the
channel.

Article 4

The subjects and flags of all nations are in every respect on
the footing of perfect equality. No distinction shall be made between the
subjects of riparian States and those of non-riparian States.

Article 5

The navigation dues levied on international rivers shall have,
for their exclusive object, that of covering the cost of the works for the
improvement of these rivers and of the maintenance of their navigability in
general.

Article 6

In time of war, the navigation of international rivers shall
be free for the flags of neutral nations, subject to such restrictions as may be
imposed by the force of circumstances.

Article 7

All the works and establishments created in the interest of
navigation, notably the offices for the collection of dues, and their safes, as
also the staff permanently in the service of these establishments, are placed
under the safeguard of permanent neutrality, and shall, in consequence, be
respected and protected by the belligerent States.

Particular Provisions

Article 8

Any sailing vessel or steamer, without distinction of
nationality, is free to carry passengers or goods, or to tow other vessels
between all the ports situated along international rivers.

Foreign vessels, whether fluvial or sea-going, shall not be
admitted to the regular exercise of small coasting trade (petit cabotage), i.e.
the continuous and exclusive traffic between ports of the same riparian State,
except in virtue of a special authorization by that State.

Article 9

Vessels and goods in transit on international rivers are not
subject to any transit duty, whatever their origin or destination.

There may be levied dues or duties having the character of a
reimbursement for the actual use of harbour establishments, such as cranes,
weighing machines, wharves, and warehouses.

Article 12

The customs duties, octroi duties, or taxes on
consumable articles established by the riparian States shall not in any way
hinder navigation.

Article 13

The harbour dues for the actual use of cranes, weighing
machines, etc. as also the dues for pilotage, lighthouse, lighting and buoying,
destined to cover the technical and administrative expenses incurred in the
interest of navigation shall be determined by tariffs officially published in
all the ports of international rivers.

Article 14

The tariffs above mentioned shall be drawn up by the
mixed commission of the riparian States.

Article 15

The tariffs shall not involve any differential
treatment.

Article 16

The tariffs of the dues mentioned in Article 13 shall be
calculated on the cost of construction and maintenance of the local
establishments, and according to the tonnage of the vessels as indicated in the
ships' papers.

Article 17

The riparian States may not levy customs duties on merchandise
in transit on international rivers, except when it is to be introduced into the
territory of these States.

Article 18

Vessels are not allowed to unload their cargoes, either wholly
or in part, except in ports and other places on the banks provided with a
custom-house, save in case of force majeure.

Article 19

Vessels proceeding on their voyage and provided with the
prescribed papers may not be stopped under any pretext by the customs officers
of the riparian States, if the two banks belong to different States.

Article 20

Vessels entering into a part of an international river where
the two banks belong to the same State, have to pay the customs duties imposed
by the local tariff upon merchandise imported into the territory of that
State.

Goods in transit are only subject to the placing of seals and
to the custody of customs officers.

Article 21

The riparian States shall agree among themselves upon a body
of policy regulations destined to regulate the use of the river in the special
interest of security and public order.

Article 22

Special tribunals of navigation, or the ordinary courts
existing in the riparian countries, shall, on appeal, be competent to adjudge
the penalties for infractions of the police regulations established on a footing
of perfect equality for all vessels, without any distinction of nationality
whatever.

Article 23

Quarantine establishments shall be created, by the initiative
of the riparian States, at the mouths of international rivers; control is to be
exercised over vessels both when they enter and when they leave the
river.

Sanitary control over vessels, while they are navigating the
river is exercised on the basis of the special provisions established by the
riparian commissions.

Article 24

The works necessary to ensure the navigability of
international rivers, are to be undertaken either directly by the States or on
the initiative of the riparian Commissions.

Article 25

Each riparian State shall be free to take such steps as it may
think necessary to maintain and improve, at its own expense, the navigability of
the sections of international rivers subject to its sovereignty.

Article 26

In every case, it shall be forbidden to undertake works which
may modify the actual condition of the common waterway or impede its navigation,
and against which the other riparians have protested.

Article 27

The authorities set over the navigation of international
rivers are:

(1) the authorities of the riparian
States;

(2) the riparian Commission, composed of the delegates of the
sovereign States.

Article 28

Each riparian State retains its sovereign rights over the
sections of international rivers subject to its sovereignty, within the limits
laid down by the stipulations of this Regulation and by the Treaties and
Conventions.

Article 29

The riparian Commission arrives at its decisions by a majority
of votes. In case of equality, the president has the casting vote.

However, a vote dose not bind the States whose representatives
form the minority, if, beforehand, the delegates of these States have formally
objected to the execution of the measure proposed.

Article 30

The riparian Commission is a permanent authority over
international rivers; it has the following functions:

(1) to designate the works indispensable for
improving and developing the navigability of the rivers, and cause them to be
executed;

(2) to draw up and put in force the tariffs of navigation and
other dues mentioned in Articles 13 to 18;

(3) to elaborate the regulations for river police;

(4) to watch over the maintenance in good condition of the
works, and the strict observance of the provisions of these international
regulations;

(5) to appoint the chief inspector of the navigation of the
international river.

Article 31

The Chief Inspector exercises his functions as the organ of
the riparian Commission and under its direction. He exercises his authority over
all flags without distinction.

Article 32

The Chief Inspector watches over the application of this
international regulation and of the river regulation, and supervises the police
of navigation.

Article 33

This functionary has the right, in the performance of his
duty, directly to demand the assistance of the military posts or of the local
riparian authorities.

Article 34

The local inspectors, the quarantine officials and the
employees of the offices for the collection of dues are appointed by each
riparian State; but they perform their duties under the orders of the Chief
Inspector, and have, like him, an international character.

Article 35

Two or more riparian States may make mutual agreements for the
nomination of the same delegate to the riparian Commission or of the same local
inspector, or of the employees of the offices for the collection of dues, of the
quarantine officials, of the judges of thetribunals, etc.

Article 36

The Chief Inspector pronounces, in first instance, the
penalties to be inflicted for infractions of the regulations of navigation and
police.

Article 37

Appeals against his judgements must be brought either before a
tribunal of navigation created for that purpose, or before a local court
specially designated by each riparian State, or before the riparian
Commission.

Article 38

Each riparian State appoints the engineers charged with
supervising the maintenance and improvement of the section of the river subject
to its sovereignty.

Article 39

The Powers shall fix by common agreement the system of
measuring river and sea-going vessels for the purpose of ascertaining their
tonnage, this system being obligatory for all nations.

Article 40

In case of war between the riparian States, all property
afloat on an international river, without distinction between neutral and enemy
property, shall be accorded similar protection to that granted to enemy property
in case of war on land.

5.1.2 International Regulation
regarding the Use of International Watercourses for Purposes other than
Navigation[139] - Declaration of
Madrid, 20 April 1911

Statement of Reasons

Riparian States with a common stream are in a position of
permanent physical dependence on each other which precludes the idea of the
complete authonomy of each State in the section of the natural watercourse under
its sovereignty.

International law has dealt with the right of navigation with
respect to international rivers but the use of water for the purposes of
industry, agriculture, etc. was not foreseen by international law.

It therefore seems expedient to remedy this lack by noting the
rules of law resulting from the interdependence which undoubtedly exists between
riparian States with a common stream and between States whose territories are
crossed by a common stream.

With the exception of the right of navigation, as already
established or to be established by international law:

The Institute of International Law is of the opinion that the
following regulations should be observed from the point of view of (any) use of
international streams.

I. When a stream forms the frontier of two States, neither of
these States may, without the consent of the other, and without special and
valid legal title, make or allow individuals, corporations, etc. to make
alterations therein detrimental to the bank of the other State. On the other
hand, neither State may, on its own territory, utilize or allow the utilization
of the water in such a way as to seriously interfere with its utilization by the
other State or by individuals, corporations, etc. thereof.

The foregoing provisions are likewise applicable to a lake
lying between the territories of more than two States.

II. When a stream traverses successively the territories of
two or more States:

1. The point where this stream crosses the
frontiers of two States, whether naturally, or since time immemorial, may not be
changed by establishments of one of the States without the consent of the
other;

2. All alterations injurious to the water, the emptying
therein of injurious matter (from factories, etc.) is forbidden;

3. No establishment (especially factories utilizing hydraulic
power) may take so much water that the constitution, otherwise called the
utilizable or essential character of the stream shall, when it reaches the
territory downstream, be seriously modified;

4. The right of navigation by virtue of a title recognized in
international law may not be violated in any way whatsoever;

5. A State situated downstream may not erect or allow to be
erected within its territory constructions or establishments which would subject
the other State to the danger of inundation;

6. The foregoing rules are applicable likewise to cases where
streams flow from a lake situated in one State, through the territory of another
State, or the territories of other States;

7. It is recommended that the interested States appoint
permanent joint commissions, which shall render decisions, or at least shall
give their opinion, when, from the building of new establishments or the making
of alterations in existing establishments, serious consequences might result in
that part of the street situated in the territory of the other States.

1. To rivers referred to as international, i.e. to those
waterways which, in the naturally navigable part of their course, traverse or
separate two or more States, and to any tributaries having the same
characteristics;

2. To waterways which, though not international in the sense
defined above, come under the following categories:

(a) navigable waterways referred to as
intermediate waters between two international rivers;

(b) artificial navigable waterways or other man-made
facilities that are, or are to be, established on or between certain sections of
the same international river with a view to making good the deficiencies of the
naturally navigable waterway.

Article 2

Movement on an international waterway shall be free. This
freedom shall comprise:

(a) the right for all vessels, boats,
timber-trains and other means of water transport to circulate freely throughout
the navigable length of the waterway, on condition that they comply with these
Regulations and, as appropriate, with any additional rules or enforcement rules
to be prescribed by the riparian States. Such rules may not conflict with these
Regulations;

(b) the right of users to make use, in addition, for
themselves and their merchandise, of the waterways and facilities referred to in
Regulation 2 (a) and (b).

Article 3

On one and the same international waterway the citizens,
property and flags (whether maritime or fluvial) of all nations shall, in all
matters of direct or indirect concern to navigation, be treated on a footing of
perfect equality and in conformity with international law.

In particular, no distinction shall be made between them
whether by reason of their provenance or by reason of their destination or,
again, by reason of ports or of sea or other lines, entrepôts or other
installations made use of en route, before or after their passage over
international waterway.

No monopoly or privilege shall be granted on international
waterways in respect of navigation or in the use of public ports and other
facilities or their installations or equipment.

If any State deems it appropriate to impose for the transport
of persons or merchandise from one port to another subject to its authority,
restrictions similar to those that a State may impose on coastal navigation, it
may do so only in such a way that does not entail the cessation of navigation
for other flags on the river.

Article 4

Any vessel plying on an international waterway have a
flag.

For the purposes of enfircing this Regulation, the flag of
each and every vessel shall be determined by its place of registry.

In the case of any State having no coastline or international
river bank, it shall be sufficient that the place of registry be situated on its
territory.

Article 5

No taxes or dues may be levied whether on the course or at the
mouth of any international waterway other than those in the nature of payment
for services rendered to navigation, for the upkeep of navigability or for the
improvement of the waterway.

These navigations dues shall be calculated in such a way as to
cover only costs and disbursements effectively sustained and established in such
a way as to render any detailed examination of the cargo unnecessary.

Article 6

Each riparian State may levy for the use of the equipment and
installation of its ports, taxes and dues which shall be the same for all and
reflect the expenditure effectively sustained for their establishment, upkeep
and operation.

Article 7

Any public service established in the interest of navigation
on any part of an international waterway or in any port thereon shall, if it is
not free of charge, entail tariffs that are made public and are calculated in
such a way as not to exceed the reasonable cost of the service
rendered.

Customs formalities shall be limited to those strictly
necessary in order to delay navigation as little as possible.

Transit on sections where the river forms a frontier shall be
exempt from any dues or formalities no indispensable in order to prevent
contraband or to safeguard public health; at the mouths and on other sections,
formalities affecting transit shall be regulated by agreement between the
riparian States.

For imports and exports through any port on the international
waterway, customs formalities shall be regulated by the general legislation of
the State of the said port, with due regard to the observance of the general
principles of freedom and equality of flags.

Save where exceptional reasons of economic necessity justify
departure from this rule, customs dues levied on imports and exports by any of
the ports referred to in this regulation may not exceed these levied at the
customs frontiers of the State in question on similar merchandise of the same
provenance and having the same destination.

Each riparian State shall nevertheless remain free to
determine its customs tariffs and to take all appropriate measures with a view
to safeguarding public order and public health, while maintaining as far as
possible freedom of navigation and equality of treatment.

No vessel may be seized by reason of a customs offence
committed by a member of the crew or a passenger on any of the waterways
contemplated in these Regulations.

Article 9

Riparian States shall determine among themselves the rules
necessary in order to guarantee freedom and safety of navigation. This
consideration shall apply in particular to rules governing capacities in terms
of persons and materials on board.

The uniform application of these rules shall be assured by
each of the States concerned with navigation. Policing and operation of ports
shall remain within the exclusive jurisdiction of the State under whose
sovereignty those ports are placed, with due regard to the observance of these
Regulations.

Article 10

Riparian States shall, each on its own territory,
take:

(a) Police and inspection measures designed to
regulate the use of the navigable waterway in the interest of public order and
safety;

(b) measures conducive to safeguarding the interests of
navigation as regards the construction of bridges and other works affecting such
navigation;

(c) measures for the upkeep and improvement of the navigable
waterway, and the buoyage and signalling, thereof.

Whenever their agreement its necessary, they shall first
consult with a view in particular to securing uniformity of the legal and
technical régime of navigation, the observance of the provisions of these
Regulations, the uniformity of the rules concerning the imposition, collection
and destination of taxes on navigation and the settlement of any conflicts that
may arise out of the different uses made of the river.

Article 11

Riparian States shall have regard to the needs of navigation
in their choice of the place of their courts appointed to hear cases affecting
such navigation.

The procedure followed by such courts shall be as summary as
possible.

Article 12

The police and navigation rules in force on any section of the
river shall apply to military vessels or those assigned to a non-commercial
public service on that section.

Article 13

All provisions of these Regulations shall apply to vessels,
other than those referred to in the previous regulation, which are the property
of the State on which are charted to or requisitioned by it.

Article 14

States signatory to these Regulations shall be free to adopt,
by means of special convention, a régime that is more favourable to
navigation.

Article 15

Disputes arising as to the interpretation of these Regulations
shall be submitted, failing amicable settlement between the States concerned, to
conciliation procedures, arbitration or judicial ruling.

5.1.4 Resolution on the Use of
International Non-Maritime Waters[141]
- Salzburg, 11 September 1961

The Institute of International Law,

Considering that the economic value of the use of waters has
been modified by modern techniques and that the application of said techniques
to the waters of a river basin extending upon the territory o, several States
generally affects the whole of these States, and that this evolution requires an
adjustment in the legal field;

Considering that there is a common interest in maximizing the
use of available natural resources;

Considering that the obligation not to cause an unlawful
prejudice to a third party is one of the basic principles governing general
relations between neighbouring countries;

Considering that this principle also applies to relations
deriving from the various uses of waters;

Considering that, for the use of waters involving several
States, each of the above-mentioned States may obtain, through consultations,
joint planning and reciprocal concessions, the benefits of a more efficient
development of natural resources;

Notes the existence of the following rules in international
law and makes the following recommendations:

Article I

The present rules and recommendations apply to the use of
waters which are part of a river or of a watershed extending upon the territory
of two or more States.

Article II

Every State has the right to make use of the waters flowing
across or bordering its territory subject to the limitations imposed by
international law and in particular those which result from the following legal
dispositions. That right is limited by the right of use by the other States
concerned with the same river or watershed.

Article III

If the various States disagree upon the extent of their rights
of use, the disagreement shall be settled on the basis of equity, taking into
consideration the respective needs of the States, as well as any other
circumstances relevant to any particular case.

Article IV

Each State may only proceed with works or to use the waters of
a river or watershed that may affect the possibilities of use of the same waters
by other States on condition of preserving for those States the benefit of the
advantages to which they are entitled by virtue of Article III, as well as
adequate compensation for any losses or damages incurred.

Article V

The works or uses referred to in the above-mentioned article
may only be initiated after due advance notice has been given to the States
concerned.

Article VI

If objections are raised, the States shall enter in
negotiations in view of reaching an agreement within a reasonable time. To this
end, it is desirable that the States involved make use of technical expertises
and if need be of appropriate commissions and organizations to reach solutions
ensuring maximum benefits for all concerned.

Article VII

During the negotiations, every State should, according to the
principle of good faith, refrain from proceeding with the works or uses in
dispute, or from taking any other measures likely to aggravate the conflict or
to make a settlement more difficult.

Article VIII

If the States involved cannot reach an agreement within a
reasonable time, it is recommended to submit to judicial or arbitral settlement
the question whether the intended development runs counter to the
above-mentioned rules. If the State raising objections to the projected works or
uses is opposed to any judicial or arbitral settlement, the other State remains
free, under its own responsibility, to proceed with said works or uses, while
remaining obligated by the provisions of Articles II to IV.

Article IX

It is recommended to the States concerned by particular
watersheds to consider whether it would not be appropriate to set up joint
organizations for the preparation of water utilization plans to facilitate their
economic development, as well as to prevent or settle any disputes that might
occur.

5.1.5 Resolution on the Pollution of
Rivers and Lakes and International
Law[142],[143]
- Athens, 12 September 1979

The Institute of International Law,

Recalling its Resolutions of Madrid in 1911 and of Salzburg in
1961;

Conscious of the multiple potential uses of international
rivers and lakes and of the common interest in a rational and equitable
utilization of such resources through the achievement of a reasonable balance
between the various interests;

Considering that pollution spread by rivers and lakes to the
territories of more than one State is assuming increasingly alarming and
diversified proportions whilst protection and improvement of the environment are
duties incumbent upon States;

Recalling the obligation to respect the sovereignty of every
State over its territory, as a result of which each State has the obligation to
avoid any use of its own territory that causes injury in the territory of
another State;

Hereby adopts the following articles:

Article I

1. For the purpose of this Resolution, pollution
means any physical, chemical or biological alteration in the composition or
quality of waters which results directly or indirectly from human action and
affects the legitimate uses of such waters, thereby causing injury.

2. In specific cases, the existence of pollution and the
characteristics thereof shall, to the extent possible, be determined by
referring to environmental norms established through agreements or by the
competent international organizations and commissions.

3. This Resolution shall apply to international rivers and
lakes and to their basins.

Article II

In the exercise of their sovereign right to exploit their own
resources pursuant to their own environmental policies, and without prejudice to
their contractual obligations, States shall be under a duty to ensure that their
activities or those conducted within their jurisdiction or under their control
cause no pollution in the waters of international rivers and lakes beyond their
boundaries.

Article III

1. For the purpose of fulfilling their obligation under
Article II, States shall take, and adapt to the circumstances, all measures
required to:

(a) prevent any new form of pollution or any
increase in the existing degree of pollution; and

(b) abate existing pollution within the best possible time
limits.

2. Such measures shall be particularly strict in the case of
ultra-hazardous activities or activities which pose a danger to highly exposed
areas or environments.

Article IV

In order to comply with the obligations set forth in Articles
II and III, States shall in particular use the following means:

(a) at national level, enactment of all necessary
laws and regulations and adoption of efficient and adequate administrative
measures and judicial procedures for the enforcement of such laws and
regulations;

(b) at international level, cooperation in goodfaith with the
other States concerned.

Article V

States shall incur international liability under international
law for any breach of their international obligations with respect to pollution
of rivers and lakes.

Article VI

With a view to ensuring an effective system of prevention and
of compensation for victims of transboundary pollution, States should conclude
international conventions concerning in particular:

(a) the jurisdiction of courts, the applicable law
and the enforcement of judgements;

(b) the procedure for special arrangements providing in
particular for objective liability systems and compensation funds with regard to
pollution brought about by ultrahazardous activities.

Article VII

1. In carrying out their duty to cooperate, States bordering
the same hydrographic basin shall, as far as practicable, especially through
agreements, resort to the following ways of cooperation:

(a) inform co-riparian States regularly of all
appropriate data on the pollution of the basin, its causes, its nature, the
damage resulting from it and the preventive procedures;

(b) notify the States concerned in due time of any activities
envisaged in their own territories which may involve the basin in a significant
threat of transboundary pollution;

(c) promptly inform States that might be affected by a sudden
increase in the level of transboundary pollution in the basin and take all
appropriate steps to reduce the efforts of any such increase;

(d) consult with each other on actual or potential problems of
transboundary pollution of the basin so as to reach, by methods of their own
choice, a solution consistent with the interests of the States concerned and
with the protection of the environment;

(e) coordinate or pool their scientific and technical research
programmes to combat pollution of the basin;

(f) establish by common agreement environmental norms, in
particular quality norms for the whole or part of the basin;

(g) set up international commissions with the largest terms of
reference for the entire basin, providing for the participation of local
authorities if this proves useful, or strengthen the powers or coordination of
existing institutions;

(i) develop safeguards for individuals who may be affected by
polluting activities, both at the stages of prevention and compensation, by
granting on a non-discriminatory basis the greatest access to judicial and
administrative procedures in States in which such activities originate and by
setting up compensation funds for ecological damage the origin of which cannot
be clearly determined or which is of exceptional magnitude.

Article VIII

In order to assist developing States in the fulfilment of the
obligations and in the implementation of the recommendation referred to in this
Resolution, it is desirable that developed States and competent international
organizations provide such States with technical assistance or any other
assistance as may be appropriate in this field.

Article IX

This Resolution is without prejudice to the obligations which
fundamental human rights impose upon States with regard to pollution occurring
in their own territories.

5.2 INTERNATIONAL LAW
ASSOCIATION

I. An international river, is one which flows through or
between the territories of two or more States.

II. A State must exercise its rights over the waters of an
international river within its jurisdiction in accordance with the principles
stated below.

III. While each State has sovereign control over the
international rivers within its own boundaries, the State must exercise this
control with due consideration for its effect upon other riparian
States.

IV. A State is responsible, under international law, for
public or private acts producing change in the existing régime of a river
to the injury of another State, which it could have prevented by reasonable
diligence.

V. In accordance with the general principle stated in No. III
above, the States upon an international river should in reaching agreements, and
States or tribunals in settling disputes, weigh the benefit to one State against
the injury done to another through a particular use of the water. For this
purpose, the following factors, among others, should be taken into
consideration:

(a) The right of each to a reasonable use of the
water;

(b) The extent of the dependence of each State upon the waters
of that river;

(c) The comparative social and economic gains accruing to each
and to the entire river community;

(d) Pre-existent agreements among the States
concerned;

(e) Pre-existent appropriation of water by one
State.

VI. A State which proposes new works (construction, diversion,
etc.) or change of previously existing use of water, which might effect
utilization of the water by another State, must first consult with the other
State. In case agreement is not reached through much consultation, the States
concerned should seek the advice of a technical commission; and, if this does
not lead to agreement, resort should be had to arbitration.

VII. Preventable pollution of water in one State, which does
substantial injury to another State, renders the former State responsible for
the damage done.

VIII. So far as possible, riparian States should join with
each other to make full utilization of the waters of a river both from the
viewpoint of the river basin as an integrated whole, and from the viewpoint of
the widest variety of uses of the water, so as to assure the greatest benefit to
all.

5.2.2 Resolution on the Use on the
Waters of International Rivers[145] -
New York, 1958

Heads of Unanimous Agreement

It is agreed that our immediate purpose is to put forward some
principles and some recommendations on which there is unanimous
agreement.

It is agreed that there are rules of conventional and
customary international law governing the uses of waters of drainage basins that
are within the territories of two or more States.

It is agreed that there may be issues not adequately covered
by recognized rules of international law and also that there are rules as to
which there exist differences as to their meaning.

As used in this statement, a drainage basin is an area within
the territories of two or more States in which all the streams of flowing
surface water, both natural and artificial, drain a common watershed terminating
in a common outlet or common outlets either to the sea or to a lake or to some
inland place from which there is no apparent outlet to a
sea.[146]

Agreed Principles of International Law

1. A system of rivers and lakes in a drainage basin should be
treated as an integrated whole (and not piecemeal).

2. Except as otherwise provided by treaty or other instruments
or customs binding upon the parties, each co-riparian State is entitled to a
reasonable and equitable share in the beneficial uses of the waters of the
drainage basin. What amount to a reasonable and equitable share is a question to
be determined in the light of all the relevant factors in each particular
case.

3. Co-riparian States are under a duty to respect the legal
rights of each co-riparian State in the drainage basin.

4. The duty of a riparian State to respect the legal rights of
a co-riparian State includes the duty to prevent others, for whose acts it is
responsible under international law, from violating the legal rights of the
other co-riparian States

Agreed Recommendations

1. Co-riparian States should refrain from unilateral acts or
omissions that affect adversely the legal rights of a co-riparian State in the
drainage basin so long as such co-riparian State is willing to resolve
differences as to their legal rights within a reasonable time by consultation.
In the eventuality of a failure of these consultations to produce agreement
within a reasonable time, the parties should seek a solution in accordance with
the principles and procedures (other than consultation) set out in the Charter
of the United Nations and the procedures envisaged in Article 33
thereof.

2. The action of the United Nations and its specialized
agencies looking towards the assembling, exchange and dissemination of
information concerning drainage basins is welcomed, and the hope is expressed
that this work will be undertaken with the addition of the assembling, exchange
and dissemination of legal information.

3. Co-riparian States should make available to the appropriate
agencies of the United Nations and to one another hydrological, meteorological
and economic information, particularly as to streamflow, quantity and quality of
water, rain and snowfall, water tables and underground water
movements.

4. Riparian States should by agreement constitute permanent or
ad hoc agencies for the continuous study of all problems arising out of
the use, administration and control of the waters of drainage basins. These
agencies should be instructed to submit reports upon all matters within their
competence to the appropriate authorities of the riparian States.

5. Since priorities in the kinds of uses of waters may differ
from basin to basin and from one part of a basin to another, in case of
differences as to the proper order of priority, the advice of technical experts
should be sought.

6. The appropriate authorities of the co-riparian States
should endeavour to resolve by agreement all matters concerning which
recommendations are made by technical agencies.

7. In view of the variety of conditions of climate,
hydrological facts, demographic and economic conditions in the various drainage
basins, and the varieties of possible uses and needs for water, it is observed
that regional agreements may serve the needs of riparian States and communities
in many situations and it is recommended that every effort should be made to
reach agreements on a regional basis.

8. Co-riparian should take immediate action to prevent further
pollution and should study and put into effect all practicable means of reducing
to a leas harmful degree present uses which lead to pollution.

9. It is desirable that there be further study of the
hydrological engineering, economic and legal matters bearing on the prospective
operation of the existing and desired rules of international law relating to the
uses of the waters of a drainage basin.

10. Funds should be sought from foundations likely to be
interested in this subject, and it should be considered how, and to what extent,
the work can be carried further in harmony with the similar work of the Institut
de Droit International and of the Inter-American Bar Association.

5.2.3 Recommendations on the
Procedures concerning the Non-Navigational
Uses[147] - Hamburg, August
1960

The International Law Association, having taken into
consideration the importance of resolving by peaceful means differences between
co-riparian States as regards their rights in respect of the waters of a
drainage basin, and in furtherance of the second sentence of the first agreed
recommendation of the 1958 New York Resolution on the Uses of the Waters of
International Rivers, recommends, in the absence of other agreement, the
following procedures:

1. In case of a difference as to the legal rights or other
interests of co-riparian States they should consult one another.

2. If such consultation has not produced agreement, the States
should agree to form an ad hoc Commission which shall endeavour to find a
solution, likely to be accepted by the States involved, of differences as to
their rights.

3.

(a) The members of the Commission and among them
the President of the Commission shall be appointed by the States
involved.

(b) If the States involved do not agree about these
appointments, each State shall appoint two members. The members thus appointed
shall choose one more member who shall be the President of the Commission. If
the appointed members do not agree, the member-president, shall be appointed, at
the request of any State involved, by the President of the International Court
of Justice or, if he does not make an appointment, by the Secretary-General of
the United Nations.

(c) If a member of the Commission dies or abstains from
performing his office, such member shall be replaced by the procedure set out in
paragraph (a) or paragraph (b) of this recommendation, according to the manner
in which he was originally appointed. If, in the case of:

(i) a member originally appointed under
paragraph (a) of this recommendation, the States fail to agree as to a
replacement; or

(ii) a member originally appointed under paragraph (b) of this
recommendation, the State involved fails to replace the member;

a replacement shall be chosen, at the request of any State
involved, by the President of the International Court of Justice or, if he does
not choose a replacement, by the Secretary-General of the United
Nations.

(d) The States involved shall determine the place of the
meetings of the Commission and settle the rules of procedure. If they do not
agree, the Commission shall determine these matters.

4. If within a reasonable time a Commission has not been
formed or has not been able to find a solution to be recommended or a solution
recommended has not been accepted by the States involved nor an agreement
between them has been otherwise arrived at, the States should agree to submit
the dispute to an arbitral tribunal to be formed or to a permanent court of
arbitration or, if they do not do so, to the International Court of
Justice.

5. If the dispute is submitted to the arbitration of a
tribunal to be formed, the rules of recommendation 3(d) concerning the method of
determining the place of meetings and of settling the rules of procedure shall
apply to the method of the formation of the arbitral tribunal and of determining
its meetings and procedure. No person who has been a member of the Commission
may be a member of the arbitral tribunal.

6. The Award of the Arbitral Tribunal shall be rendered in
writing and signed by the President of the Tribunal. The Tribunal shall in the
Award give reasons for its decision.

The Award, besides giving a decision on the dispute, shall
liquidate expenses and decide which of the States shall have to bear their
payments or in which proportion the expenses shall be borne by the
States.

The compensation of the arbitrators shall be fixed by the
Tribunal.

7. Recourse to arbitration implies the undertaking by the
States involved to consider the award to be given as final and to submit in good
faith to its execution.

1. For the control of water pollution in accordance with New
York Recommendation 8, pollution-control commissions should be set up for each
separate basin by agreement among the co-riparian States of that
basin.

2. To define the scope and responsibilities of
pollution-control commissions for a drainage basis, preliminary studies should
be made by the appropriate agencies dealing with the control and abatement of
water pollution.

5.2.5 The Helsinki Rules

5.2.5.1 The Helsinki Rules on the Uses
of the Waters of International
Rivers[149] - Helsinki,
1966

Chapter 1General

Article I

The general rules of international law as set forth in these
chapters are applicable to the use of the waters of an international drainage
basin except as may be provided otherwise by convention, agreement or binding
custom among the basin States.

Article II

An international drainage basin is a geographical area
extending over two or more States determined by the watershed limits of the
system of waters, including surface and underground waters, flowing into a
common terminus.

Article III

A basin State is a state the territory of which
includes a portion of an international drainage basin.

Chapter 2Equitable utilization of the waters of an international drainage basin

Article IV

Each basin State is entitled, within its territory, to a
reasonable and equitable share in the beneficial uses of the waters of an
international drainage basin.

Article V

(1) What is a reasonable and equitable share within the
meaning of Article IV is to be determined in the light of all the relevant
factors in each particular case.

(2) Relevant factors which are to be considered include, but
are not limited to:

(a) the geography of the basin, including in
particular the extent of the drainage area in the territory of each basin
State;

(b) the hydrology of the basin, including in particular the
contribution of water by each basin State;

(c) the climate affecting the basin;

(d) the past utilization of the waters of the basin, including
in particular existing utilization;

(e) the economic and social needs of each basin
State;

(f) the population dependent on the waters of the basin in
each basin State;

(g) the comparative costs of alternative means of satisfying
the economic and social needs of each basin State;

(h) the availability of other resources;

(i) the avoidance of unnecessary waste in the utilization of
waters of the basin;

(j) the practicability of compensation to one or more of the
co-basin States as a means of adjusting conflicts among uses; and,

(k) the degree to which the needs of a basin State may be
satisfied, without causing substantial injury to a co-basin State.

(3) The weight to be given to each factor is to be determined
by its importance in comparison with that of other relevant factors. In
determining what is a reasonable and equitable share, all relevant factors are
to be considered together and a conclusion reached on the basis of the
whole.

Article VI

A use or category of uses is not entitled to any inherent
preference over any other use or category of uses.

Article VII

A basin State may not be denied the present reasonable use of
the waters of an international drainage basin to reserve for a co-basin State
future use of such waters.

Article VIII

(1) An existing reasonable use may continue in operation
unless the factors justifying its continuance are outweighed by other factors
leading to the conclusion that it be modified or terminated so as to accommodate
a competing incompatible use.

(2)

a. a use that is in fact in operation is deemed to
have been existing use from the time of the initiation of construction directly
related to the use or, where such construction is not required, the undertaking
of comparable acts of actual implementation.

b. such a use continues to be an existing use until such time
as it is discontinued with the intention that it be abandoned.

(3) A use will not be deemed an existing use if at the time of
becoming operational it is incompatible with an already existing reasonable
use.

Chapter 3Pollution

Article IX

As used in this Chapter, the term water pollution
refers to any detrimental change resulting from human conduct in the natural
composition, content, or quality of the waters of an international drainage
basin.

Article X

(1) Consistent with the principle of equitable utilization of
the waters of an international drainage basin, a State:

(a) must prevent any new form of water pollution
or any increase in the degree of existing water pollution in an international
drainage basin which would cause substantial injury in the territory of a
co-basin State, and

(b) should take all reasonable measures to abate existing
water pollution in an international drainage basin to such an extent that no
substantial damage is caused in the territory of a co-basin State.

(2) The rule stated in paragraph (1) of this Article applies
to water pollution originating:

(a) within a territory of the State; or

(b) outside the territory of the State, if it is caused by the
State's conduct.

Article XI

(1) In the case of a violation of the rule stated in paragraph
(l) a. of Article X of this Chapter, the State responsible shall be required to
cease the wrongful conduct and compensate the injured co-basin State for the
injury that has been caused to it.

(2) In a case falling under the rule stated in paragraph (l)
b. of Article X, if a State fails to take reasonable measures, it shall be
required promptly to enter into negotiations with the injured State with a view
toward reaching a settlement equitable under the circumstances.

Chapter 4Navigation

Article XII

(1) This Chapter refers to those rivers and lakes portions of
which are both navigable and separate or traverse the territories of two or more
States.

(2) Rivers or lakes are navigable if in their
natural or canalized state they are currently used for commercial navigation or
are capable by reason of their natural condition of being so used.

(3) In this Chapter the term riparian State refers
to a State through or along which the navigable portion of a river flows or a
lake lies.

Article XIII

Subject to any limitations or qualifications referred to in
these Chapters, each riparian State is entitled to enjoy rights of free
navigation on the entire course of a river or lake.

Article XIV

Free navigation, as the term is used in this
Chapter, includes the following freedom for vessels of a riparian State on a
basis of equality:

(a) freedom of movement on the entire navigable
course of the river or lake;

(b) freedom to enter ports and to make use of plants and
docks; and,

(c) freedom to transport goods and passengers, either directly
or through transhipment, between the territory of one riparian State and the
territory of another riparian State and between the territory of a riparian
State and the open sea.

Article XV

A riparian State may exercise rights of police, including but
not limited to the protection of public safety and health, over that portion of
the river or lake subject to its jurisdiction, provided the exercise of such
rights does not unreasonably interfere with the enjoyment of the rights of free
navigation defined in Articles XIII and XIV.

Article XVI

Each riparian State may restrict or prohibit the loading by
vessels of a foreign State of goods and passengers in its territory for
discharge in such territory.

Article XVII

A riparian State may grant rights of navigation to
non-riparian States on rivers or lakes within its territory.

Article XVIII

Each riparian State is, to the extent of the means available
or made available to it, required to maintain in good order that portion of the
navigable course of a river or lake within its jurisdiction.

1. A riparian State intending to undertake works to improve
the navigability of that portion of a river or lake within its jurisdiction is
under a duty to give notice to the co-riparian States.

2. If these works are likely to affect adversely the
navigational uses of one or more co-riparian States, any such co-riparian State
may, within a reasonable time, request consultation. The concerned co-riparian
States are then under a duty to negotiate.

3. If a riparian State proposes that such works be undertaken
in whole or in part in the territory of one or more other co-riparian States, it
must obtain the consent of the other co-riparian State or States concerned. The
co-riparian State or States from whom this consent is required are under a duty
to negotiate.

Article XIX

The rules stated in this Chapter are not applicable to the
navigation of vessels of war or of vessels performing police or administrative
functions, or, in general, exercising any other form of public
authority.

Article XX

In time of war, other armed conflict, or public emergency
constituting a threat to the life of the State, a riparian State may take
measures derogating from its obligations under this Chapter to the extent
strictly required by the exigencies of the situation, provided that such
measures are not inconsistent with its other obligations under international
law. The riparian State shall in any case facilitate navigation for humanitarian
purposes.

Chapter 5Timber floating

Article XXI

The floating of timber on a watercourse which flows through or
between the territories of two or more States is governed by the following
Articles except in cases in which floating is governed by rules of navigation
according to applicable law or custom binding upon the riparians.

Article XXII

The States riparian to an international watercourse utilized
for navigation may determine by common consent whether and under what conditions
timber floating may be permitted upon the watercourse.

Article XXIII

(1) It is recommended that each State riparian to an
international watercourse not used for navigation should, with due regard to
other uses of the watercourse, authorize the co-riparian States to use the
watercourse and its banks within the territory of each riparian State for the
floating of timber.

(2) This authorization should extend to all necessary work
along the banks by the floating crew and to the installation of such facilities
as may be required for the timber floating.

Article XXIV

If a riparian State requires permanent installation for
floating inside a territory of a co-riparian State or if it is necessary to
regulate the flow of the watercourse, all questions connected with these
installations and measures should be determined by agreement between the States
concerned.

Article XXV

Co-riparian States of a watercourse which is, or is to be used
for floating timber should negotiate in order to come to an agreement governing
the administrative régime of floating, and if necessary to establish a
joint agency or commission in order to facilitate the regulation of floating in
all aspects.

Chapter 6Procedures for the prevention and settlement of disputes

Article XXVI

This Chapter relates to procedures for the prevention and
settlement of international disputes as to the legal rights or other interests
of basin States and of other States in the waters of an international drainage
basin.

Article XXVII

(1) Consistently with the Charter of the United Nations,
States are under an obligation to settle international disputes as to their
legal rights or other interests by peaceful means in such a manner that
international peace and security, and justice are not endangered.

(2) It is recommended that States resort progressively to the
means of prevention and settlement of disputes stipulated in Articles XXIX to
XXXIV of this Chapter.

Article XXVIII

(1) States are under a primary obligation to resort to means
of prevention and settlement of disputes stipulated in the applicable treaties
binding upon them.

(2) States are limited to the means of prevention and
settlement of disputes stipulated in treaties binding upon them only to the
extent provided by the applicable treaties.

Article XXIX

(1) With a view to preventing disputes from arising between
basin States as to their legal rights or other interest, it is recommended that
each basin State furnish relevant and reasonably available information to the
other basin States concerning the waters of a drainage basin within its
territory and its use of, and activities with respect to each waters.

(2) A State, regardless of its location in a drainage basin,
should in particular furnish to any other basin State, the interests of which
may be substantially affected, notice of any proposed construction or
installation which would alter the régime of the basin in a way which
might give rise to a dispute as defined in Article XXVI. The notice should
include such essential facts as will permit the recipient to make an assessment
of the probable effect of the proposed alteration.

(3) A State providing the notice referred to in paragraph (2)
of this Article should afford to the recipient a reasonable period of time to
make an assessment of the probable effect of the proposed construction or
installation and submit its views thereon to the State furnishing the
notice.

(4) If a State has failed to give the notice referred to in
paragraph (2) of this Article, the alteration by the State in the régime
of the drainage basin shall not be given the weight normally accorded to
temporal priority in use in the event of a determination of what is a reasonable
and equitable share of the waters of the basin.

Article XXX

In case of a dispute between States as to their legal rights
or other interests, as defined in Article XXVI, they should seek a solution by
negotiation.

Article XXXI

(1) If a question or dispute arises which relates to the
present or future utilization of the waters of an international drainage basin,
it is recommended that the basin States refer the question or dispute to a joint
agency and that they request the agency to survey the international drainage
basin and to formulate plans or recommendations for the fullest and most
efficient use thereof in the interests of all such States.

(2) It is recommended that the joint agency be instructed to
submit reports on all matters within its competence to the appropriate
authorities of the member States concerned.

(3) It is recommended that the member States of the joint
agency in appropriate cases invite non-basin States which by treaty enjoy a
right in the use of the waters of an international drainage basin to associate
themselves with the work of the joint agency or that they be permitted to appear
before the agency.

Article XXXII

If a question or a dispute is one which is considered by the
States concerned to be incapable of resolution in the manner set forth in
Article XXXI, it is recommended that they seek the good offices, or jointly
request the mediation of a third State, of a qualified international
organization or of a qualified person.

Article XXXIII

(l) If the States concerned have not been able to resolve
their dispute through negotiation or have been unable to agree on the measures
described in Article XXXI and XXXII, it is recommended that they form a
commission of inquiry or an ad hoc conciliation commission, which shall
endeavour to find a solution, likely to be accepted by the States concerned, of
any dispute as to their legal rights.

(2) It is recommended that the conciliation commission be
constituted in the manner set forth in the Annex.

Article XXIV

It is recommended that the States concerned agree to submit
their legal disputes to an ad hoc arbitral tribunal, to a permanent
arbitral tribunal or to the International Court of Justice if:

(a) a commission has not been formed as provided
in Article XXXIII; or

(b) the commission has not been able to find a solution to be
recommended; or

(c) a solution recommended has not been accepted by the States
concerned; and

(d) an agreement has not been otherwise arrived at.

Article XXXV

It is recommended that in the event of arbitration the States
concerned have recourse to the Model Rules on Arbitral Procedure prepared by the
International Law Commission of the United Nations at its tenth session in
1958.

Article XXXVI

Recourse to arbitration implies the undertaking by the States
concerned to consider the award to be given as final and to submit in good faith
to its execution.

Article XXXVII

The means of settlement referred to in the preceding Articles
of this Chapter are without prejudice to the utilization of means of settlement
recommended to, or required of, members of regional arrangements or agencies and
of other international organizations.

AnnexModel rules for the constitution of the conciliation commission for the
settlement of a dispute(In implementation of Article XXXIII of Chap. 6)

Article I

The members of the Commission, including the President, shall
be appointed by the States concerned.

Article II

If the States concerned cannot agree on these appointments,
each State shall appoint two members. The members thus appointed shall choose
one more member who shall be the President of the Commission, If the appointed
members do not agree, the member-president shall be appointed, at the request of
any State concerned, by the President of the International Court of Justice, or,
if he does not make the appointment, by the Secretary-General of the United
Nations.

Article III

The membership of the Commission should include persons who,
by reason of their special competence, are qualified to deal with disputes
concerning international drainage basins.

Article IV

If a member of the Commission abstains from performing his
office or is unable to discharge his responsibilities, he shall be replaced by
the procedure set out in Article I or Article II of this Annex, according to the
manner in which he was originally appointed. If, in the case of:

(1) a member originally appointed under Article I,
the States fail to agree as to a replacement; or

(2) a member originally appointed under Article II, the State
involved fails to replace the member;

a replacement shall be chosen, at the request of any State
concerned, by the President of the International Court of Justice, or, it he
does not choose the replacement, by the Secretary-General of the United
Nations.

Article V

In the absence of agreement to the contrary between the
parties, the Conciliation Commission shall determine the place of its meetings
and shall lay down its own procedure.

1. Floods means the rising of water levels which
would have detrimental effects on life and property in co-basin
States.

2. Flood control means the taking of all
appropriate steps to protect land areas from floods or to minimize damage
therefrom.

Article 2

Basin States shall co-operate in measures of flood control in
a spirit of good neighbourliness, having due regard to their interests and
well-being as co-basin States.

Article 3

Co-operation with respect to flood control may, by agreement
between basin States, include among others:

(a) collection and exchange of relevant
data;

(b) preparation of surveys, investigations and studies and
their mutual exchange;

(c) planning and designing of relevant measures;

(d) execution of flood control measures;

(e) operation and maintenance of works;

(f) flood forecasting and communication of flood
warnings;

(g) setting up of a regular information service charged to
transmit the height of water levels and the discharge quantities.

Article 4

1. Basin States should communicate amongst themselves as soon
as possible on any occasion such as heavy rainfalls, sudden melting of snow or
other events likely to create floods and of dangerous rises of water levels in
their territory.

2. Basin States should set up an effective system of
transmission in order to fulfil the provisions contained in paragraph 1, and
should ensure priority to the communication of flood warnings in emergency
cases. If necessary a special system of translation should be built up between
the basin States.

Article 5

1. The use of the channel of rivers and lakes for the
discharge of excess waters shall be free and not subject to any limitation
provided this is not incompatible with the object of flood control.

2. Basin States should maintain in good order their portions
of water courses including works for flood control.

3. No basin State shall be prevented from undertaking schemes
of drainage, river draining, conservation of soil against erosion and dredging,
or from removal of stones, gravel or sand from the beds of its portions of
watercourses provided that, in executing any of these schemes, it avoids any
unreasonable interference with the object of flood control, and provided that
such schemes are not contrary to any legal restrictions which may exist
otherwise.

4. Basin States should ensure the prompt execution of repairs
or other emergency measures for minimization of damage by flooding during
periods of high waters.

Article 6

1. Expenses for collection and exchange of relevant data, for
preparation of surveys, investigations and studies, for flood forecasting and
communication of flood warnings, as well as for the setting-up of a regular
information service shall be borne jointly by the basin States co-operating in
such matters.

2. Expenses for special works undertaken by agreement in the
territory of one basin State at the request of another basin State shall be
borne by the requesting State, unless the cost is distributed otherwise under
the agreement.

Article 7

A basin State is not liable to pay compensation for damage
caused to another basin State by floods originating in that basin State unless
it has acted contrary to what could be reasonably expected under the
circumstances, and unless the damage caused is substantial.

Article 8

In case of dispute, Articles XXX to XXXVII of the Helsinki
Rules are, so far as may be, applicable.

As used in this chapter Continental sea-water
pollution means any detrimental change in the natural composition, content
or quality of sea water resulting from human conduct taking place within the
limits of the national jurisdiction of a State.

This conduct shall include, inter alia, the
discharge or introduction of substances directly into the sea from pipelines,
extended outlets, or ships, or indirectly through rivers or other watercourses
whether natural or artificial, or through atmospheric fall-out.

Article II

Taking into account all relevant factors referred to in
Article III a State:

(a) shall prevent any new form of continental
sea-water pollution or any increase in the degree of existing continental
sea-water pollution which would cause substantial injury in the territory of
another State or to any of its rights under international law or to the marine
environment, and

(b) shall take all reasonable measures to abate existing
continental sea-water pollution to such an extent that no substantial injury of
the kind referred to in paragraph (a) is caused.

Article III

(a) States should establish, as soon as possible,
international standards for the control of sea-water pollution, having regard to
all relevant factors, including the following:

- the geography and hydrography of the
area (inland waters, territorial sea, contiguous zone and continental
shelf);

- climatological conditions;

- quality and composition of affected sea waters;

- the conservation of the maritime environment (flora and
fauna);

- the sources of the sea-bed and the subsoil and their
economic value for present and potential users;

- the recreational facilities of the coastal area;

- the past, present and future utilization of the coastal area
and sea water;

- the economic and social needs of the (coastal) States
involved;

- the existence of alternative means for waste
disposal;

- the adaptation of detrimental changes to beneficial human
uses;

- the avoidance of unnecessary waste-disposal;

(b) until such standards are established, the existence of
substantial injury from pollution shall be determined by taking into
consideration all relevant factors, including those referred to in paragraph
(a).

(c) the weight to be given to each other factor is to be
determined by its importance in comparison with that of other relevant
factors.

Article IV

When it is contended that the conduct of a State is not in
accordance with its obligations under these Articles, that State shall promptly
enter into negotiations with the complainant with a view to reaching a solution
that is equitable under the circumstances.

Article V

In the case of violation of the rules in Article II, the State
responsible shall cease the wrongful conduct and shall compensate the injured
State for the injury that has been caused to it.

Article VI

In case of a dispute, Articles XXXI to XXXVII of the Helsinki
Rules are, so far as may be, applicable.

5.2.5.4 Articles on the Maintenance
and Improvement of Naturally Navigable Waterways Separating or Traversing
Several States[153] - New Delhi,
1975

The following is the text of the Articles included in the
report on Maintenance and Improvement of Naturally Navigable Waterways
separating or traversing several States, which are to be added to the
Helsinki Rules as Article XVIII bis:

1. A riparian State intending to undertake works
to improve the navigability of that portion of a river or lake within its
jurisdiction is under a duty to give notice to the co-riparian States;

2. If these works are likely to affect adversely the
navigational uses of one or more co-riparian States, any such co-riparian State
may, within a reasonable time, request consultation. The concerned co-riparian
States are then under a duty to negotiate;

3. If a riparian State proposes that such works be undertaken
in whole or in part in the territory of one or more other co-riparian States, it
must obtain the consent of the other co-riparian State or States concerned. The
co-riparian State or States from whom this consent is required are under a duty
to negotiate.

5.2.5.5 Resolution on the Protection
of Water Resources and Water Installations in Times of Armed
Conflict[154] - Madrid,
1976

Article I

Water which is indispensable for the health and survival of
the civilian population should not be poisoned or rendered otherwise unfit for
human consumption.

Article II

Water supply installations which are indispensable for the
minimum conditions of survival of the civilian population should not be cut off
or destroyed.

Article III

The diversion of waters for military purposes should be
prohibited when it would cause disproportionate suffering to the civilian
population or substantial damage to the ecological balance of the area
concerned. A diversion that is carried out in order to damage or destroy the
minimum conditions of survival of the civilian population or the basic
ecological balance of the area concerned or in order to terrorize the population
should be prohibited in any case.

Article IV

The destruction of water installations containing dangerous
forces, such as dams and dykes, should be prohibited when such destruction may
involve grave dangers to the civilian population or substantial damage to the
basic ecological balance.

Article V

The causing of floods as well as any other interference with
the hydrological balance by means not mentioned in Articles II to IV should be
prohibited when it involves grave dangers to the civilian population or
substantial damage to the ecological balance of the area concerned.

Article VI

1. The prohibitions contained in Articles I to V above should
be applied also in occupied enemy territories.

2. The occupying power should administer enemy property
according to the indispensable requirements of the hydrologic balance.

3. In occupied territories, seizure, destruction or
intentional damage to water installations should be prohibited when their
integral maintenance and effectiveness would be vital to the health and survival
of the civilian population.

Article VII

The effect of the outbreak of war on the validity of treaties
or of parts thereof concerning the use of water resources should not be
termination but only suspension. Such suspension should take place only when the
purpose of the war or military necessity imperatively demand the suspension and
when the minimum requirements of subsistence for the civil population are
safeguarded.

Article VIII

1. It should be prohibited to deprive, by the provisions of a
peace treaty or similar instrument, a people of its water resources to each an
extent that a threat to the health or to the economic or physical conditions of
survival is created.

2. When, as the result of the fixing of a new frontier, the
hydraulic system in the territory of one State is dependent on works established
within the territory of another State, arrangements should be made for the
safeguarding of uninterrupted delivery of water supplies indispensable for the
vital needs of the people.

5.2.5.6 Resolution on International
Water Resources Administration[155] -
Madrid, 1976

Article 1

As used in this Chapter, the term international water
resources administration refers to any form of institutional or other
arrangements established by agreement among two or more basin States for the
purpose of dealing with the conservation, development and utilisation of the
waters of an international drainage basin.

Article 2

1. With a view to implementing the principle of equitable
utilisation of the waters of an international drainage basin, and consistent
with the provisions of Chapter VI of the Helsinki Rules relating to the
procedures for the prevention and settlement of disputes, the basin States
concerned and interested should negotiate in order to reach agreement on the
establishment of an international water resources administration.

2. The establishment of an international water resources
administration in accordance with paragraph 1 above is without prejudice to the
existence or subsequent designation of any joint agency, conciliation commission
or tribunal formed or referred to by co-basin States pursuant of Article XXXI of
the Helsinki Rules in the case of a question or dispute relating to the present
or future utilization of the waters of an international drainage
basin.

Article 3

Member States of an international water resources
administration in appropriate cases should invite other States including
non-basin States or international organizations, which by treaty, other
instrument or binding custom enjoy a right or have an interest in the use of the
waters of an international drainage basin, to participate in the activities of
the international water resources administration.

Article 4

1. In order to provide for an effective international water
resources administration, the agreement establishing that administration should
expressly state, among other things, its objective or purpose, nature and
composition, form and duration, legal status, area of operation, functions and
powers, and financial implications of such an international water resources
administration.

2. The Guidelines Annexed to these Articles should be taken
into account when an international water resources administration is to be
established.

Annex

Guidelines for the Establishment of an International
Water Resources Administration

(In implementation of Article IV, paragraph 2 on
International Water Resources Administration)

In establishing an international water resources
administration, Member States should consider, on the basis of the requirements
of each particular case, the elements contained in the following
guidelines:

1. Form and duration of an International Water Resources
Administration will depend on all relevant factors identified in these
guidelines, including:

(a) its duration, which may be ad hoc or
permanent; and

(b) its constitution which may take the form of:

(i) separate national commissions or
agencies;

(ii) a joint commission or agency composed of national
representatives, interest groups or representatives of users;

(iii) a mixed commission or agency;

(iv) a commission or agency vested with supranational
decision-making powers.

2. Procedures for decision-making will include:

(a) a quorum (for the validity of the
meeting) which will depend on the importance of the decisions to be
taken;

(b) the principle of either unanimity, simple or qualified
majority or an other combined form of decision-making.

3. The legal status of an International Water Resources
Administration vis-à-vis both its Member States and other States not
parties to the administration as well as vis-à-vis international and
other organizations should be defined; such legal status will cover:

(a) the managing body,

(b) the staff,

(c) assets, equipment and other properties,

(d) the whole administration as such, including the powers to
sue and to be sued.

4. The territorial competence (ratione loci) of an
international water resources administration should be defined. The choice will
depend on a number of factors, such as: the extent of the drainage area with
respect to each Members State; the contribution of water by each basin State to
the hydrology of the basin; the economic and social requirements of the basin
States; local interests; the other relevant factors to be considered in each
particular case, having regard to Article V of the Helsinki Rules.

5. The functions and powers of an international water
resources administration should be defined. These may vary from case to case,
depending upon various factors, including:

(a) the kind of co-operation envisaged;

(b) the desired degree of involvement in international
administration;

(c) the specific fields for which it is proposed to establish
the administration.

Such functions and powers may include, without being limited
to, one or more of the following:

A. Advisory, consultative, co-ordinating, or
policy-making functions. In these cases, the agreement should specify the
procedural rules for deciding on conflicting rights and interests, including
notification, objections and timing.

B. Executive function, which may include carrying out of
studies, exploration, investigation and surveys, preparation of feasibility
reports, inspection and control construction, operation, maintenance or
financing.

C. Regulatory function, including the implementation of the
decisions of the administration, as well as lawmaking. Decisions in these
matters may take effect directly or after acceptance by Member States.

D. Judicial function, which may include arbitration or final
dispute settlement.

6. As regards the objects and purposes (ratione
materiae) of an international water resources administration, these may
include one or more of the following:

(a) collection and exchange of hydrological
technical and other data, which may be undertaken by Member States separately or
jointly, and their standardization;

(b) plan formulation, which may include the exchange of plans
prepared separately by Member States or jointly formulated plans;

(c) co-ordination of plans;

(d) construction of waterworks, which may be undertaken by
Member States separately or jointly, or which may be entrusted to a non Member
State or to some organization;

(e) waterworks operation and maintenance, which may be
entrusted to each Member State concerned separately or to joint
administration;

(f) control of one or more beneficial uses of water which may
include:

(i) domestic and community
uses;

(ii) agricultural uses, including the watering of animals and
agro-allied industrial uses;

(iii) industrial uses, including cooling;

(iv) hydropower generation and transmission;

(v) navigation;

(vi) timber floating;

(vii) fishing; and

(viii) other beneficial uses of common interest;

(g) control of one or more harmful effects of water which may
include:

(i) flood control measures, which may
imply flow regulations and river training;

(ii) embankment construction and maintenance;

(iii) drought warning, prevention, reduction and
control;

(iv) soil erosion control;

(v) land reclamation, including salinity control and
drainage;

(vi) dredging, maintenance and improvement of the navigable
sections of an international watercourse;

(vii) siltation control;

(viii) other harmful effects of common interest;

(h) water quality control including such
coastal sea areas of the Member States, which may be adversely affected, and
which may include:

(i) prevention and abatement of water
pollution resulting from one or more beneficial uses, and harmful effects, and
the measures to be taken separately or jointly by Member States;

(ii) health preservation, including human beings and genetic
resources (animals and plants), and the measures to be taken separately or
jointly by Member States;

(iii) environment protection, with reference to the waters of
the basin, including minimum standards and measures to be taken separately or
jointly by Member States.

8. In establishing an international water resources
administration, one or more of the following financial and economic matters
should be considered:

(a) internal financing of the administration,
including cost sharing and sharing criteria;

(b) development financing of projects and works in particular
including:

(i) cost sharing and criteria for sharing
(based on i.e. at-site benefit analysis, system development); procedures
and criteria for compensation;

(ii) sharing of benefits including the assessment and
collection of revenues, and criteria for sharing;

(c) external financing, with particular reference to the
powers of the administration necessary to enter into agreement for this
purpose.

9. The agreement establishing an international water resources
administration should contain provisions for the settlement of disputes arising
out of its interpretation and implementation.

5.2.5.7 Regulation of the Flow of
Water of International
Watercourses[156] - Belgrade,
1980

Article 1

For the purpose of these Articles, regulation
means continuing measures intended for controlling, moderating, increasing or
otherwise modifying the flow of the waters in an international watercourse for
any purpose; such measures may include storing, releasing and diverting of water
by means such as dams, reservoirs, barrages and canals.

Article 2

Consistent with the principle of equitable utilization, basin
states shall cooperate in a spirit of good faith and neighbourliness in
assessing needs and possibilities and preparing plans for regulation. When
appropriate, the regulation should be undertaken jointly.

Article 3

When undertaking a joint regulation, basin states should
settle all matters concerning its management and administration by agreement.
When necessary, a joint agency or commission should be established and
authorized to manage all relevant aspects of the regulation.

Article 4

Unless otherwise agreed, each basin state party to a
regulation shall bear a share of its costs proportionate to the benefits it
derives from the regulation.

Article 5

1. The construction of dams, canals, reservoirs or other works
and installations and the operation of such works and installations required for
regulation by a basin state in the territory of another can be carried out only
by agreement between the basin states concerned.

2. Unless otherwise agreed, the costs of such works and their
operation should be borne by the basin states concerned.

Article 6

A basin state shall not undertake regulation that will cause
other basin states substantial injury unless those states are assured the
enjoyment of the beneficial uses to which they are entitled under the principle
of equitable utilization.

Article 7

1. A basin state is under a duty to give the notice and
information and to follow the procedures set forth in Article XXIX of the
Helsinki Rules.

2. When appropriate, the basin state should invite other basin
states concerned to participate in the regulation.

Article 8

In the event of objection to the proposed regulation, the
states concerned shall use their best endeavours with a view to reaching an
agreement. If they fail to reach an agreement within a reasonable time, the
states should seek a solution in accordance with Chapter 6 of the Helsinki
Rules.

Article 9

The application of these Articles to regulation for
controlling floods is without prejudice to the application of the relevant
articles on Flood Control adopted by the International Law Association in
1972.

5.2.5.8 Articles on the Relationship
between Water, Other Natural Resources and the
Environment[157] - Belgrade,
1980

Article 1

Consistent with Article IV of the Helsinki Rules, States shall
ensure that:

(a) the development and use of water resources
within their jurisdiction do not cause substantial damage to the environment of
other States or of areas beyond the limits of national jurisdiction;
and

(b) the management of their natural resources (other than
water) and other environmental elements located within their own boundaries does
not cause substantial damage to the natural condition of the waters of other
States.

Article 2

Articles XXVI and XXXVII of the Helsinki Rules, duly expanded
with the addition of the consideration of acts or omissions concerning natural
resources other than water and of other environmental elements in their
reciprocal relationships with water resources, are applicable to the States
referred to in Article 1.

5.2.5.9 Rules on the Water Pollution
in an International Drainage
Basin[158] - Montreal,
1982

Article 1

Consistent with the Helsinki Rules on the equitable
utilization of the waters on an international drainage basin, states shall
ensure that activities conducted within their territory or under their control
conform with the principles set forth in these Articles concerning water
pollution in an international drainage basin. In particular, States
shall:

a) prevent new or increased water pollution that
would cause substantial injury in the territory of another state;

b) take all reasonable measures to abate existing water
pollution to such an extent that no substantial injury is caused in the
territory of another state; and

c) attempt to further reduce any such water pollution to the
lowest level that is practicable and reasonable under the
circumstances.

Article 2

Notwithstanding the provision of Article 1, states shall not
discharge or permit the discharge of substances generally considered to be
highly dangerous into the waters of an international drainage basin.

Article 3

In order to give effect to Articles 1 and 2 above, states
shall enact all necessary laws and regulations and adopt efficient and adequate
administrative measures and judicial procedures for the enforcement of these
laws and regulations.

Article 4

In order to give effect to the provisions of these Articles,
states shall cooperate with the other states concerned.

Article 5

Basin states shall:

(a) inform the other states concerned regularly of
all relevant and reasonably available data, both qualitative and quantitative,
on the pollution of waters of the basin, its causes, its nature, the damage
resulting from it, and the preventive procedures;

(b) notify the other states concerned in due time of any
activities envisaged in their own territories that may involve a significant
threat of, or increase in, water pollution in the territories of those other
states; and

(c) promptly inform states that might be affected, of any
sudden change of circumstances that may cause or increase water pollution in the
territories of those other states.

Article 6

Basin states shall consult one another on actual or potential
problems of water pollution in the drainage basin so as to reach, by methods of
their own choice, a solution consistent with their rights and duties under
international law. This consultation, however, shall not unreasonably delay the
implementation of plans that are the subject of the consultation.

Article 7

In order to ensure an effective system of prevention and
abatement of water pollution of an international drainage basin, basin states
should set up appropriate international administrative machinery for the entire
basin. In any event, they should:

(a) coordinate or pool their scientific and
technical research programmes to combat water pollution;

(c) establish jointly water quality objectives and standards
for the whole or part of the basin.

Article 8

States should provide remedies for persons who are or may be
adversely affected by water pollution in an international drainage basin. In
particular, states should, on a non-discriminatory basis, grant these persons
access to the judicial and administrative agencies of the state in whose
territory the pollution originates, and should provide, by agreement or
otherwise, for such matters as the jurisdiction of courts, the applicable law,
and the enforcement of judgments.

Article 9

In the case of a breach of a state's international obligations
relating to water pollution in an international drainage basin, that state shall
cease the wrongful conduct and shall pay compensation for the injury resulting
therefrom.

Article 10

When it is contended that the conduct of a state is not in
accordance with its obligations under these Articles, that state shall promptly
enter into negotiations with the complaining state with a view of reaching a
solution that is equitable under the circumstances.

Article 11

In the case of a dispute concerning water pollution in an
international drainage basin, Articles XXXI to XXXVII of the Helsinki Rules
shall, as far as possible, be applicable.

The waters of an aquifer that is intersected by the boundary
between two or more States are international groundwaters and such an aquifer
with its waters forms an international basin or part thereof. Those States are
basin States within the meaning of the Helsinki Rules whether or not the aquifer
and its waters form with surface waters part of a hydraulic system flowing into
a common terminus.

Article 2Hydraulic interdependence

1. An aquifer that contributes water to, or receives water
from, surface waters of an international basin constitutes part of that
international basin for the purposes of the Helsinki Rules.

2. An aquifer intersected by the boundary between two or more
States that does not contribute water to, or receive water from, surface waters
of an international drainage basin constitutes an international drainage basin
for the purpose of the Helsinki Rules.

3. Basin States, in exercising their rights and performing
their duties under international law, shall take into account any
interdependence of the groundwater and other waters, including any
interconnections between aquifers, and any leaching into aquifers caused by
activities in areas under their jurisdiction.

Article 3Protection of groundwater

1. Basin States shall prevent or abate the pollution of
international groundwaters in accordance with international law applicable to
existing, new, increased and highly dangerous pollution. Special consideration
shall be given to the long-term effects of the pollution of
groundwater.

2. Basin States shall consult and exchange relevant available
information and data at the request of any one of them:

(a) for the purpose of preserving the groundwaters
of the basin from degradation and protecting from impairment the geologic
structure of the aquifers, including recharge areas;

(b) for the purpose of considering joint or parallel quality
standards and environmental protection measures applicable to international
groundwaters and their aquifers.

3. Basin States shall co-operate, at the request of any one of
them, for the purpose of collecting and analyzing additional needed information
and data pertinent to the international groundwaters or their
aquifers.

Article 4Groundwater management and surface waters

Basin States should consider the integrated management,
including conjunctive use with surface waters, of their international
groundwaters at the request of any one of them.

A basin State shall refrain from and prevent acts or omissions
within its territory that will cause substantial injury to any co-basin State,
provided that the application of the principle of equitable utilization as set
forth in Article IV of the Helsinki Rules does not justify an exception in a
particular case. Such an exception shall be determined in accordance with
Article V of the Helsinki Rules.

Article IIMeasures within the territory of other basin States

If an undertaking, to be executed by a basin State, requires
works or installations within the territory of a co-basin State, or the
utilization of water resources in that territory, all questions connected with
these measures are to be determined by agreement. The States concerned shall use
their best endeavours to reach a just and reasonable agreement in accordance
with the principle of equitable utilization.

Article IIINotification and objection

1. When a basin State proposes to undertake, or to permit the
undertaking of, a project that may substantially affect the interests of any
co-basin State, it shall give such State or States notice of the project. The
notice shall include information, data and specifications adequate for
assessment of the effects of the project.

2. After having received the notice required by paragraph 1, a
basin State shall have a reasonable period of time, which shall be not less than
six months, to evaluate the project and to communicate its reasoned objection to
the proposing State. During that period the proposing State shall not proceed
with the project.

3. If a basin State does not object to the project within the
time permitted under paragraph 2, the proposing State may proceed with the
project in accordance with the notice.

4. If a basin State objects to the project, the States
concerned shall make every effort expeditiously to settle the matter consistent
with the procedures set forth in Chapter 6 of the Helsinki Rules. The proposing
State shall not proceed with the project while these efforts are continuing
provided that they are not unduly protracted. If these efforts become unduly
protracted, or an objecting State has refused to have resort to third party
procedures for settlement of the remaining differences, the proposing State may,
on its own responsibility, proceed with the project in accordance with the
notice.

5. The notice and other communications referred to in this
Article shall be transmitted through appropriate official channels unless
otherwise agreed.

Consistent with the Helsinki Rules and the rules on
international water resources subsequently adopted by the International Law
Association, States, in taking measures to prevent, reduce, or control water
pollution in an international drainage basin, shall refrain from transferring,
or allowing the transfer of, such pollution to land, air or other natural
resources in such a way as to cause substantial injury beyond their
territory.

Article 2

A State, individually or jointly with co-basin States, shall
insofar as technically and economically feasible, manage the waters of an
international drainage basin within their jurisdiction so that waste, pollutants
and hazardous substances are handled, treated, and disposed of in the manner
which produces the least transboundary harm.

Article 3

States should co-operate to achieve integrated management of
water and related resources, including prior assessment of ecological
impacts.

5.2.5.13 Articles on Cross-Media
Pollution Resulting from the Use of the Waters of an International Drainage
Basin[163] - Helsinki,
1996

Article 1

In using the waters of an international drainage basin, States
shall, consistent with the Helsinki Rules and the rules on international water
resources subsequently adopted by the International Law Association,
individually or jointly, take all reasonable measures to prevent minimize
significant transboundary pollution of another environmental medium.

Article 2

Consistent with applicable international rules and standards,
States shall, insofar as technically and economically feasible, ensure that
waste, pollutants, and hazardous substances are handled, treated, and disposed
of in the manner that produces the least transboundary environmental
harm.

Article 3

In using the waters of an international drainage basin,
States, individually or jointly as appropriate, shall ensure prior assessment of
the impact of programmer or projects that may have a significant transboundary
effect on the environment or on the sustainable use of the waters.

Article 4

States shall use their best efforts to achieve integrated
management of the water resources of their international drainage
basins.

5.2.5.14 Articles on Private Law
Remedies for Transboundary Damage in International
Watercourses[164] - Helsinki,
1996

Article 1

(1) For the purposes of these articles damage
includes inter alia:

(a) loss of life or personsl injury;

(b) loss of or injury to property; and

(c) the costs of reasonable measures to prevent or minimize
such loss or injury.

(2) For the purposes of these Article, damage to the
environment means:

(a) harm to the environment of the drainage basin,
the costs of reasonable measures to prevent or minimize such harm, and any
further loss or damage caused by such measures; and

(b) the costs of reasonable measures of reinstatement or
restoration of the environment of the drainage basin actually undertaken or to
be undertaken.

(1) States, individually or jointly, shall ensure the
availability of prompt, adequate, and effective administrative and judicial
remedies for persons in another State who suffer or may suffer damage arising
from the inequitable or unreasonable use of the waters of an international
drainage basin in their territories.

(2) For the purpose of giving effect to these articles, States
shall ensure cooperation between their competent courts and authorities, and
shall take measures to ensure that any persons who suffer or may suffer damage
resulting from the use in another State of the waters of an international
drainage basin shall have access to such information as is necessary to enable
them to exercise their rights under these articles in a prompt and timely
manner.

Article 3

(1) Any person who suffers or may suffer damage resulting from
the use in another State of the waters of an international drainage basin shall
be entitled in that State to the same extent and on the same conditions as a
person in that State:

(a) to participate in any environmental impact
assessment procedure;

(b) to institute proceedings before an appropriate court or
administrative authority of that other State in order to determine whether the
damaging use or activity should be permitted;

(c) to obtain preventive remedies;

(d) to obtain prompt and adequate compensation; and

(e) to obtain information necessary to establish such
claims.

(2) Public bodies and non-governmental associations
established in a State which are or may be affected by damage, including damage
to the environment, caused by the use of waters of an international drainage
basin in another State shall be entitled on condition of reciprocity to initiate
proceedings or participate in procedures in that other State to the same extent
and on the same conditions as public bodies and non-governmental associations
established in that State.

5.3 INTER-AMERICAN BAR
ASSOCIATION

I. That the following general principles which form part of
existing international law, are applicable to every water-course or system of
rivers or lakes (non-maritime waters) which may traverse or divide the territory
of two or more States; such a system will be referred to hereinafter as a
system of international waters.

1. every state having under its jurisdiction a
part of a system of international waters, has the right to make use of the
waters thereof insofar as such use does not affect adversely the equal right of
the States having under their jurisdiction other parts of the system;

2. states having under their jurisdiction a part of a system
of international waters are under a duty, in the application of the principle of
equality of rights, to recognize the right of the other States having
jurisdiction over a part of the system to share the benefits of the system
taking as the basis the right of each State to the maintenance of the status of
its existing beneficial uses and to enjoy, according to the relative needs of
the respective States, the benefits of future developments. In cases where
agreement cannot be reached, the States should submit their differences to an
international court or an arbitral commission.

3. states having under their jurisdiction part of a system of
international waters are under a duty to refrain from making changes in the
existing régime that might affect adversely the advantageous use by one
or more other States having a part of the system under their jurisdiction except
in accordance with: (i) an agreement with the State or States affected; or (ii)
a decision of an international court or arbitral commission.

4. the foregoing principles do not alter the norm of
international law that if the territory over which flow the waters of an
international system is of such a nature as to provide a particular benefit,
that benefit may be enjoyed exclusively by the State having jurisdiction over
that territory, it being understood that such enjoyment will be in conformity
with principle 3.

Recommends:

II. That a permanent committee of the Inter-American Bar
Association be established to examine further the general juridical principles
in this field, which commission should correspond with other international
associations and organizations (U.N., O.A.S., etc.) devoting their attention to
the study of the principles of law governing the uses of international
rivers.

III. That this permanent committee study and prepare for the
Eleventh Conference of the Inter-American Bar Association a report dealing,
among other matters that it considers of interest, with the following:

1. the question of the rights, if any, of
non-riparian States which may have interests dependent upon a system of
international waters;

2. the question of indemnification and of preventing unlawful
acts in the use of waters of international systems that might cause irreparable
damage or might even lead to a situation likely to endanger the peace or
constitute a threat to the peace;

3. the question of sharing costs in the operation, maintenance
and development of a system of international waters;

4. the question of pollution and flood control;

5. the question of the priorities as between different uses of
the waters system of international waters and the relation of these priorities
to the specific characteristics of the system;

6. the question of the differences in legal treatment of the
right of dominion over as distinguished from the right to the use of a system of
international waters;

7. the possibility of systematizing the practical rules put
into effect by the States to achieve the most advantageous use of systems of
interstate or international waters;

8. the difference, if any, arising in the application of
general principles of international law as between international boundary water
systems and successive water systems;

9. the possibility of creating general and/or regional
commissions and tribunals in order to facilitate the most advantageous use of
the waters and the solution of conflicts relating to the régime of
systems of international waters.

IV. That the Committee be requested to collect, classify and
analyse the precedents from every part of the world evidencing practices
accepted as law governing the use of international waters.

V. That States with an interest in an international water
system ought to participate, as soon as possible, in the collection and exchange
of physical and economic data essential for the planning and realization of the
rational use of the waters.

1. International developments show, especially
during the recent years, the permanent and gradual improvement of the laws
governing the use of international rivers and lakes;

2. The above-mentioned improvement requires a continued study
of the facts, of the agreements entered into and the attempts to establish
general principles for the common use;

3. International waters have for America unique importance to
the extent that it is difficult to imagine a social and economic development and
integration of the continent without an equitable and adequate usage of such
waters, in achieving which the law has a substantial function;

4. The Permanent Committee on Use of International
Rivers and Lakes, created at the X Conference in Buenos Aires, has
produced important reports up to this present Conference, about studies in
America and the Western Hemisphere on this subject.

Resolves

That the Permanent Committee on Use of International Rivers
and Lakes continue its studies on the use of such waters for industrial,
agricultural, commercial and other purposes and inform the XVI Conference as to
the result of such studies.

No. 2

Whereas:

1. The work carried out by the Organization of
American States in studying the juridical régime for the use of
international rivers and lakes is worthy of prominence, and likewise made use of
by statesmen, lawyers, or professors interested in the juridical problems and
issues raised by the use of these rivers and lakes;

2. The task which the Organization of American States proposes
to undertake in this connection has an extraordinary importance as it proposes
to equip the American countries with adequate legal instruments for the solution
of issues arising from the use of those waters.

Resolves

1. To suggest to the Organization of American States to call a
Specialized Conference on the use of international rivers and lakes for
industrial, agricultural and commercial purposes, at the earliest possible date,
as called for by Resolution X of the Second Special Conference held in Rio de
Janeiro in 1965.

2. To express the desire that the General Secretariat of the
OAS continue the studies on the use of international rivers and lakes with the
above-mentioned purposes, and that it publish up-to-date editions of the studies
already prepared.

The industrial and agricultural use of international rivers
and lakes can contaminate the waters of the same, causing damages and harm to
the riparian States;

The increasing development of the countries of the Western
Hemisphere will cause an increase in the industrial and agricultural utilization
of international rivers and lakes, as well as of the underground waters related
to them;

Said use will create social and economic problems in the
affected countries, with serious repercussions on the health of human beings and
animals, as well as on the productivity of the land;

The solution of these problems should be within the framework
of the law, taking into consideration both the general principles and the
standards that have been applied in regulating the utilization of said waters by
the riparian States; and

The Inter-American Bar Association, concerned about this
matter, established as early as 1957 a Permanent Committee on the use of
international rivers and lakes in America.

Resolves

1. To recommend that the laws of the American countries on the
industrial and agricultural utilization of rivers and lakes be unified or
harmonized in order to avoid international controversies.

2. To recommend that in the law schools of the various
universities of America there be established courses on comparative water law,
especially in those countries which have rivers and lakes in common interest
with others, so that better knowledge and comparison of existing legislation
will result, with a view to obtaining in the near future the unification or
harmonization of legislation.

3. To urge the American States to avoid the contamination of
waters of international rivers and lakes, because this affects the health and
economy of riparian states, and the avoidance of such contamination is
indispensable for a peaceful international life.

4. To make this resolution known to the Organization of
American States, to the Latin American Free Trade Association, and to the
Secretariat of the Central American Common Market, suggesting to them that it be
taken into consideration when said international organizations make studies on
the subject.

5.4 INTERNATIONAL ASSOCIATION FOR
WATER LAW

5.4.1 Recommendations of the Caracas
Conference on Water Law and
Administration[168] - 14 February
1976

(Extract)

...

II. Recommendations for International Action

48. It is recommended that international
organizations:

(a) make every effort to support the creation of
the appropriate legal régimes and of institutional machinery for the
effective realization of the required multi-disciplinary data base with respect
to water resources;

(b) strengthen, by means of technical assistance, the national
and regional centres dedicated to independent research, training and advisory
services aimed at the achievement of integrated management of all water
resources, suited to existing and anticipated future conditions, and support the
publication and dissemination, on a worldwide basis, of the knowledge,
techniques and experience acquired by such centres;

(c) in their assistance efforts of every kind to the various
countries, with respect to the utilization of water resources special attention
be given to the relevance of said activities to the environment;

(d) adopt to the extent applicable by reason of their contents
the recommendations formulated to Governments in the field of
planning;

(e) take into account recommendations No. 30 to 40 in
implementing their technical assistance programs.

49. It would be desirable to recapitulate and systematize the
legal norms pertaining to the use of international water resources.

50. It is recommended that the International Law Commission of
the United Nations:

(a) continue its progress in its current
codification work regarding the rules of international law applicable to
non-navigational uses of international watercourses;

(b) that the legal criteria identified by this Conference
concerning national water laws and more effective water management be duly
considered by the ILC in its aforementioned codification efforts particularly
those referring to the interdependence of resources and to their use within
international hydrologic systems.

51. It is recommended that the United Nations University and
other pertinent international organs be invited to take note of recommendations
46 and 47.

52. With respect to their international action, it is
recommended that governments, in the cases where they share international
basins:

(b) establish mechanisms for cooperation among interested
countries, which should include:

(i) the principle of non-discrimination
in arriving at the solution of the problems of pollution and other harmful
effects, as well as with respect to free access to justice for all interested
parties;

(ii) the need to exchange information among interested States
with respect to the projects and activities that may cause pollution or other
harmful effects in another state.

(c) mindful of the fact that the total benefits to be obtained
from international water resources are greater where cooperative arrangements
among co-basin countries exist, governments may consider:

(i) that ways and means be sought to
establish or improve international cooperation among co-basin countries in the
form of appropriate legal and administrative institutions keeping in mind the
principle of limited territorial sovereignty over international water
resources;

(ii) giving attention to improving avenues of conflict
resolution where agreement between co-basin countries is difficult to
attain;

(iii) that universities and other scientific institutions pay
increasing attention to social science research in the fields of public
administration, political science, law and economics concerning the specific
management problems of international water resources.

[138] Text in: Annuaire
de l'Institut de droit international, Session de Heidelberg 1887, p. 535.
English translation in Kaeckenbeeck, International Rivers, A monograph based
on diplomatic documents, London, 1920, pp. 46-58.[139] Text in: Annuaire
de l'Institut de Droit International, Madrid Session 1911, (Paris 1911) Vol.
24, pp. 365-365.[140] Text in: Annuaire
de l'Institut de droit international, Session de Paris, October 1934,
Brussels 1934, pp. 713-719.[141] Text in: Annuaire
de l'Institut de droit international, Vol. 49, II, Salzburg Session,
September 1961, (Basle 1961), pp. 381-384.[142] Text in: Annuaire
de l'Institut de droit international, vol. 58, T.I, Athens Session,
September 1979, Basel München, 1980, pp. 197-ff.[143] This is a translation
of the authentic French text.[144] Text in:
International Law Association, Report of the Forty-Seventh Conference,
held in Dubrovnik 1956, London, 1957, pp. 241-243.[145] Text in:
International Law Association, Report to the Forty-Eighth Conference,
held in New York, 1-7 September 1958, London 1959, pp. viii-x.[146] Statement of Some
Principles of International Law governing, and Recommendations respecting, the
Uses of the Waters of Drainage Basins with the Territories of two or more
States, as to which the Members of the Committee present at the New York
Conference save reached unanimous agreement.[147] Text in:
International Law Association, Report of the Forty-Ninth Conference, held
in Hamburg, 8-12 August 1960 (London, 1961), pp. xvi-xviii.[148] Text in:
International Law Association, Report of the Forty-Ninth Conference, held
in Hamburg, 8-12 August 1960 (London, 1961), pp. xvi-xviii.[149] Text in:
International Law Association, Report of the Fifty-Second Conference,
Helsinki, 14-20 August 1966, (London, 1967), pp. 484-532.[150] Approved by the 56th
Conference of the International Law Association New Delhi, 1974. Text in: Report
of the Committee on International Water Resources Law of the International Law
Association, Report of the 56th Conference, p. 15.[151] Text in:
International Law Association, Report of the Fifty-Fifth Conference, New
York, 21-26 August 1972, London 1974, pp. xvi-xvii.[152] Text in:
International Law Association, Report of the Fifty-Fifth Conference, New
York 21-26 August 1972, (London 1974), pp. xvii-xviii.[153] Text in:
International Law Association, Report of the Fifty-Sixth Conference, New
Delhi, 29 December 1974 - 4 January 1975, Resolutions of the Conference, p.
xiii.[154] Text in:
International Law Association, Report of the Fifty-Seventh Conference,
Madrid 30 August - 4 September 1976, (London 1978), pp. xxv-xxxvi.
Adopting this Resolution, the Conference of ILA stated that "these rules
should be applied also with respect to other conduct intended to damage
or destroy the water resources of a State or Area".[155] Text in: International
Law Association, Report of the Fifty-Seventh Conference, Madrid,
30 August - 4 September 1976, (London 1978), pp. xxxvii-xii.[156] Text in: International
Law Association, Belgradee Conference, 1980 - Committee on International
Water Resources Law, pp. 5-15.[157] Text in: International
Law Association, Belgradee Conference, 1980 - Committee on International
Water Resources Law, pp. 17-18.[158] Text in: International
Law Association, Montreal Conference, 1982 - Committee on International
Water Resources, pp. 535-546. For full text with commentary, see INTERNATIONAL
LAW ASSOCIATION - REPORT OF THE MONTREAL CONFERENCE.[159] Text in: International
Law Association, Seoul Conference, 1986 - Committee on International
Water Resources, pp. 251-274. For full text with commentary, see INTERNATIONAL
LAW ASSOCIATION - REPORT OF THE SEOUL CONFERENCE.[160] The term "aquifer" as
here employed comprehends all underground water bearing strata capable of
yielding water on practicable basis, whether these are in other instruments
or contexts called by another name such as "groundwater reservoir", "groundwater
catchment area", etc. including the waters in fissured or fractured rock
formations and structures containing deep, so-called "fossil waters".[161] Text in: International
Law Association, Seoul Conference, 1986 - Committee on International
Water Resources, pp. 272-292. For full text with commentary, see INTERNATIONAL
LAW ASSOCIATION - REPORT OF THE SEOUL CONFERENCE.[162] Ext in: International
Law Association, Buenos Aires Conference, 1994 - Committee on
International Water Resources, pp. 230-235. For full text with commentary,
see INTERNATIONAL LAW ASSOCIATION - REPORT OF THE BUENOS AIRES CONFERENCE.[163] Text in: International
Law Association, Helsinki Conference, 1996 - Committee on International
Water Resources. For full text with commentary, see INTERNATIONAL LAW
ASSOCIATION - REPORT OF THE HELSINKI CONFERENCE.[164] Text in: International
Law Association, Helsinki Conference, 1996 - Committee on International
WaterResources. For full text with commentary, see INTERNATIONAL
LAW ASSOCIATION - REPORT OF THE HELSINKI CONFERENCE.[165] Text in: Inter-American
Bar Association, Proceedings of the Tenth Conference, Buenos Aires
14-21 November 1957, (Buenos Aires 1958), Vol. I, pp. 246-248.[166] Text in: Inter-American
Bar Association, Resolution; Recommendations and Declarations approved
by the XV Conference, San Jose, Costa Rica, 10-15 April 1967, pp. 1-2,
190.[167] Text in: Inter-American
Bar Association, Resolutions, Recommendations and Declarations approved
by the XVI Conference, Caracas, Venezuela, 1-8 November 1969.[168] Text in: International
Association for Water Law, Recommendations of the Caracas Conference
on Water Law and Administration, 8-14 February 1976, pp. 16-18.